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Colonial and State Records of North Carolina
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Minutes of the North Carolina Governor's Council
North Carolina. Council
November 03, 1766 - November 29, 1766
Volume 07, Pages 271-278

COUNCIL JOURNALS.
[From MS. Records in Office of Secretary of State.]


At a Council held at the Council Chamber the 3d day of November 1766.
Present
His Excellency the Governor.
The Honble James Hasell Esquire
The Honble Lewis H. DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexander McCulloh Esquire
The Honble William Dry Esquire and
The Honble Benjamin Heron Esquire

The Honble Henry Eustace McCulloh Esq, appeared and took the Oaths appointed by Law for the qualification of Councellors subscribed the Test and took his seat at the Board.

Robert Howe Esquire produced His Excellency the Governors Commission appointing him Captain of Fort Johnston on the River of Cape Fear took the Oath appointed by Law for the Qualification of Publick Officers, and subscribed the Test.


At a Council held at the Council Chambers at Newbern the 7th November 1766.
Present
His Excellency the Governor.
The Honble James Hasell Esqr
The Honble Lewis DeRosset Esqr
The Honble John Sampson Esqr
The Honble H. Eustace McCulloh Esqr
The Honble Alexander McCulloh Esqr
The Honble William Dry Esqr
The Honble Robert Palmer Esqr &
The Honble Benjamin Heron Esqr

His Excellency communicated to this Board His Majestys Order

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in Council for repealing an Act “Intitled an Act for distributing Intestates Estates—Ordered a Proclamation issue to publish the same.


At a Council held at the Council Chambers at Newbern the 8th day of November 1766.
Present
His Excellency the Governor
The Honble James Hasell Esquire
The Honble Lewis LeRosset Esquire
The Honble John Sampson Esquire
The Honble Henry Eustace McCulloh Esquire
The Honble Alexander McCulloh Esquire
The Honble William Dry Esquire
The Honble Robert Palmer Esquire &
The Honble Benjamin Heron Esquire

His Excellency laid before this Board, the Address of the House of Assembly in Answer to his Speech, and his Answer to the said Address, desiring their opinion thereon.

Upon which this Board unanimously declared their opinion, That the Charges in the said Address with respect to his Excellencys conduct, were altogether indecent, without foundation and unmerited; and that His Excellency in his Answer thereto has Governed himself with great propriety by the coolest dictates of moderation, And as what may be contained in the said Address relative to the rights of the Members of this Board constituting a Branch of the Legislature, That they will take proper notice thereof in their Journals as an upper House of Assembly.


At a Council held at the Council Chamber at Newbern the 14th day of November 1766.
Present
His Excellency the Governor.
The Honble James Hasell Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Henry Eustace McCulloh Esquire
The Honble Alexander McCulloh Esquire
The Honble William Dry Esquire
The Honble Robert Palmer Esquire &
The Honble Benjamin Heron Esquire

His Excellency in pursuance of an Act of Assembly of this Province Intitled an Act concerning Appeals and Writs of Errors, administered the following Oath to the members of the Council present Vizt

“You swear that as a Member of the Council of this Province you will do right to all manner of persons according to the best of

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your judgment and understanding of the Laws and Usages of the Kingdom of Great Britain.

So help you, God.

Mr Chief Justice Hasell reported to His Excellency in Council, that one John Turner was convicted at last Halifax Superior Court for Horse Stealing and now lies under sentence of Death, with a reprieve for six months from the time of conviction; and represented him as an object of mercy, he having been convicted by his own Confession and appearing to have been drawn into the Commission of the offence and to have otherwise the Character of an honest young man.

His Excellency taking the same into consideration is pleased to order that a reprieve for ninety nine years issue for the said John Turner and that the Secretary prepare it accordingly.

His Excellency then acquainted this Board that an intention hath been communicated to him for carrying a Bill into execution thro' this General Assembly for erecting a Publick Edifice at New Bern for the Governor for the time being, and as this measure has been recommended from the Crown, and will be a means of removing those inconveniences Governors of this Province have laboured under for want of a Proper House of Accommodation, particularly during the setting of the General Assembly and as such an Establishment has been made in almost every Colony of this Continent for their Respective Governors, His Excellency recommends all due support may be given to this Bill by His Majestys Council.


At a Council held at the Council Chamber in New Bern on Tuesday the 18th November 1766.
Present
His Excellency the Governor
The Honble John Rutherford Esqre
The Honble Lewis DeRosset Esqre
The Honble John Sampson Esqre
The Honble Henry Eustace McCulloh Esqre
The Honble Alexr McCulloh Esqre
The Honble William Dry Esqre
The Honble Robert Palmer Esqre &
The Honble Benjamin Heron Esqre

His Excellency proceeded to hear a complaint exhibited by several of the Inhabitants of St Patricks Parish in the county of Dobbs against the Revd William Miller setting forth Several Acts of Immorality and ill behaviour and praying the said Mr Miller may not be inducted for that Parish.—Whereupon hearing and examining

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the evidences and finding the charge against the said Mr Miller not sufficiently supported and of a trifling nature, His Excellency was pleased to recommend the said Mr Miller to the Vestry of the Parish for a further Tryal of twelve months.

On motion of Mr Nash in behalf of James Robinson to set aside a Caveat entered by John Burnside against the said Robinson having Letters of Administration on the Estate of Thomas Burnside,

Ordered, That the Caveat be dismissed unless sufficient cause be shewn to this Board on Monday next and that letters issue accordingly.


At a Council held at the Council Chamber the 24th day of November 1766.
Present
His Excellency the Governor
The Honoble John Rutherford Esquire
The Honoble Lewis H DeRosset Esquire
The Honoble John Sampson Esquire
The Honoble H. E. McCulloh Esquire
The Honoble> William Dry Esquire
The Honoble Robert Palmer Esquire &
and
The Honoble Benjamin Heron Esquire

John Burnside not appearing agreeable to the order of this Board on the 18th Inst—

Ordered that the Caveat be dismissed and that Letters issue accordingly to James Robinson.

On motion of Mr Swann on behalf of Sarah Price widow of James Price, Ordered that Letters testamentary issue agreeable to the prayer of the said widow to herself and Thomas Price.


At a Council held at the Council Chamber the 29th day of November 1776.
Present
His Excellency the Governor
The Honble John Rutherford Esqre
The Honble Lewis H DeRosset Esqre
The Honble John Sampson Esqre
The Honble Henry Eustace McCulloh Esqre
The Honble Alexr McCulloh Esqre
The Honble William Dry Esqre
The Honble Robert Palmer Esqre &
The Honble Benjamin Heron Esqre

Ordered—That no County Court Clerk or Practicing Attorney in this Province shall be in the Commission of the Peace for the future

Ordered that all Commissions not renewed since the demise of Governor Dobbs, be rendered invalid after the 1st day of January next and that a Proclamation issue accordingly. Vizt

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By His Excellency William Tryon Esquire Captain General and Governor in Chief

A Proclamation

Whereas a Proclamation was issued upon the demise of Governor Dobbs the 3d day of April 1765 commanding all officers both Civil and Military to hold themselves continued in their several places and employments during my pleasure, And whereas the Military Commissions in the several Countys throughout this Province have not been renewed since my appointment to this Government,

I therefore think fit by and with the advice and consent of His Majestys Council to issue this Proclamation declaring all Military Commissions void and of none effect which were issued before my appointment to this Government, that are not renewed by the first day of January next.

Given under my hand and the Great Seal of the said Province at Newbern the 29th November 1766.

His Excellency proceeded to amend and fill up the Commissions of the peace and compleated the same for the Countys of Anson, Beaufort, Bertie, Bladen, Brunswick, Bute, Carteret, Chowan, Currituck, Cumberland, Dobbs and Duplin.

Ordered the Commissions issue accordingly.

The Memorial of Henry Eustace McCulloh, to his Excellency in Council having been read in the Words—

“To His Excellency William Tryon Esqr, Governor &c, in and over His Majestys Province of North Carolina in Council—

“The Humble Memorial of Henry Eustace McCulloh Sheweth

That your Memorialists Father, your Memorialist and some others for whom he is impowered to act being possessed of sundry Grants of Land within this Province, subject to a condition of settlement as by the said Grants on record in the Secretary's Office, will appear your Memorialist in December 1762, applied to the then Governor in Council for directions as to the method of making a return of the settlers, and effecting a surrender of the unsettled Lands, Whereupon the then Governor by and with the advice of His Majestys then Honble Council, was pleased to appoint and direct Colonel John Frohock and Nathaniel Alexander to proceed on Oath and make a return of the Settlers on the Lands held by your Memorialist and the others concerned in Mecklenburgh and Anson Counties, and the

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Honble Colo John Sampson by a further Order in Council as to such Lands as are held by your Memost Father in Duplin County.

That such returns made pursuant to such Orders in Council are now ready to be laid before your Excellency in Council, and your Memorialist on behalf of himself and the other persons for whom he is impowered to Act, Is ready and desirous to effect a surrender to His Majesty of their said Grants, after resurveying such parts thereof as they appear respectively entitled to, and may have sold or surveyed.

Your Memorialist therefore humbly prays Your Excellency in Council, to take the premises into consideration, and to make such order therein for the purposes aforesaid, as to Your Excellency in Council in your wisdom shall seem meet. “And your Memorialist as in duty bound shall &c.

HENRY E. McCULLOH.

His Excellency was pleased to take the same into consideration and to direct the returns therein mentioned, to be produced, which were accordingly produced and read, a copy of which His Excellency was pleased to order to be inserted in these Journals (as follows) and the Originals to be lodged in the Secretary's Office.


North Carolina.

In pursuance of an Order of Council passed at Newbern the 10th day of December 1762, for Colo Nathaniel Alexander of Mecklenburgh County, and John Frohock of Rowan County both of the province aforesaid, thereby requiring them to take an account of the number of white persons male and female, young and old, which were without Fraud resident on the several Barronies or Tracts of Land mentioned in said order in Council and they to return said amount under their hands and seals and certify the same to His Excellency in Council upon their Oaths, as soon as the Nature of the Affair would permit, as, by reference being thereunto had, may more fully appear.—We the said Nathaniel Alexander and John Frohock do hereby certify upon our Oaths, That there was to the best of our knowledge resident and settled without fraud on the several Barronies or Tracts of Land hereafter mentioned, in and about the month of March in the year 1760, the following number of white persons, to wit

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On James McCullohs No West Barrony or Tract of 12,500 Acres of Land in the Tract known by the tract No 4 there were Thirty seven white persons settled and resident as aforesaid thereon in and about the month of March in the year 1760.

On his other Barrony or tract of 12,500 Acres of Land, in the tract No 4 there were forty one white persons settled and resident as aforesaid.

On Henry Eustace McCullohs Barrony or Tract of 12,500 Acres of Land, in Tract No 4 there were thirty three white persons settled and resident as aforesaid

On Penelope McCullohs Barony or Tract of 12,500 Acres of Land, in Tract No 4, there were twenty four white persons settled and resident as aforesaid

On John Campbells Barony or Tract of 12,500 Acres of Land in Tract No 4 there were thirty two white persons settled and resident as aforesaid

On two other Tracts or parcells of Land lying in Anson County containing 100,000 Acres, and known by the Tracts No 7 & 8 one of which Tracts is Split by Earl Granvilles boundary Line, there were fifty seven white persons settled and resident as aforesaid

In Witness whereof we the said Nathaniel Alexander and John Frohock have hereunto set our hands and seals this 9th day of October 1766.

“NATHANIEL ALEXANDER [Seal]
“JOHN FROHOCK [Seal]

Sworn before me this 9th day of October 1766
ALEX MARTIN J P.

North Carolina—Ss

Felix Kenan, of Duplin County in the province of North Carolina, Esqr deposeth and sayeth that he is and for many years past has been well acquainted with the surveys of Lands belonging to Henry McCulloh Esqr in the said County, and is confident and well assured of his own certain knowledge, that there (at least) were one hundred and fifteen white persons including men women and children, actually and without fraud living and residing within the bounds and limits of the said survey on the 25 day of March 1760 and for some time before—And he verily believes there are now above twice that number residing on the said Lands

“FELIX KENAN.
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Sworn to before me this 29th November 1766
JOHN SAMPSON.

In consequence of the above affidavit and of a former return made and sworn to before me, I do hereby return and certify that there were one hundred and fifteen white persons resident without Fraud within the Bounds of Mr McCullohs survey in Duplin County on the 25th of March 1760.—which return and certificate is made in consequence of two orders of the Governor in Council one bearing date in December 1762—the other in April 1764.

JOHN SAMPSON.

His Excellency was then pleased to declare that he would take the matters of prayer of the said Memorial into consideration and signify his pleasure thereon—And to Order that Mr Attorney General take into his consideration the several papers necessary for that purpose and report his opinion as soon as may be whether such surrender can be made and accepted here—and if so in what manner.

Henry Eustace McCulloh as Attorney for George Augustus Selwyn Esqr petitioned his Excellency that Colo John Frohock and Nathaniel Alexander be directed to proceed under the like directions as contained in the aforesaid order in Council in December 1762, to take the number of settlers on the said Selwyns two Tracts of 100,000 Acres each in Mecklenburgh County known by the name of the Tracts No 1 & No 3 actually and bona fide resident thereon the 25th March 1760.

To which His Excellency was pleased to give his Assent, and to order accordingly And further that such returns be made and produced to him in Council on or before the 1st day of May next—